Applying H1B COS while H4 COS is still pending, Do we need to leave country?

[JimH]

My wife is pregnant and she will be on maternity leave effective from 1/1/2020. Her project and H1B both end on 12/31/2019. She works in EVC model and don't have client letter to file H1B extension. Client agreed to take her back after 3 months.

Because we don't have client letter to file extension, her employer is saying that she can file for H4 COS and H4 EAD.

When she is ready to start working(after 3 months), even if H4 COS is pending, her employer says, we can file H1 and start working without leaving the country? Is this true?

[User099]

I think they can file the H1 after 3 months and tie it to the H4 COS and do it as a bridge application. In that case H4 has to be approved for H1 to come back with an I94. 

Again I am not an attorney. You can talk to an attorney to see if this is what they plan on doing. 

[shekar11#]

16 hours ago, JimH said:

My wife is pregnant and she will be on maternity leave effective from 1/1/2020. Her project and H1B both end on 12/31/2019. She works in EVC model and don't have client letter to file H1B extension. Client agreed to take her back after 3 months.

Because we don't have client letter to file extension, her employer is saying that she can file for H4 COS and H4 EAD.

When she is ready to start working(after 3 months), even if H4 COS is pending, her employer says, we can file H1 and start working without leaving the country? Is this true?

Get a second opinion. If H-4 COS is pending after 12/31/2019, then employer cannot file H-1 since she does not have an active I-94 until H-4 is approved.

[H1B_sanibhagvan]

Yes. I am in the same boat. In my case, I had received an RFE on my H1B petition stating "my already filed H4 COS petition needs to have a decision to decide on H1B petition". Also note H4 gets approved in 5-6 months. I have tried even expedite process. Nothing worked out to speed up the process. So better apply the H4 COS and keep fingers crossed to get approved soon. 

Again I am not an attorney. You can talk to an attorney to get more clear information. 

[User099]

On 11/30/2019 at 12:20 AM, aarya2k said:

Yes. I am in the same boat. In my case, I had received an RFE on my H1B petition stating "my already filed H4 COS petition needs to have a decision to decide on H1B petition". Also note H4 gets approved in 5-6 months. I have tried even expedite process. Nothing worked out to speed up the process. So better apply the H4 COS and keep fingers crossed to get approved soon. 

Again I am not an attorney. You can talk to an attorney to get more clear information. 

Its a bridge application as I said above. Did you ever think about doing an litigation which will speed up the process. There is a law firm from Texas which are doing these litigations... Google it.